Tl;dr: Background: In last summer’s Viking River decision, the U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) partly preempts the California rule that had prohibited the compelled arbitration of claims under the state’s Private Attorney General Act (“PAGA”). Instead, California courts must permit the division of such claims into arbitrable individual claims and… Continue reading Arbitration Agreement Enforceability and Consumer Protection Claims in California post-Viking River
Recent DOJ policy pronouncements will have a material effect on how organizations should respond to and investigate reports of internal misconduct. Check out the article in Law360 by our Partner Jeff Bornstein and senior paralegal Roxanne Vorkoeper, “Next Steps for Counsel Under Latest DOJ Disclosure Policy.” They analyze the ramifications of those pronouncements and offer… Continue reading DOJ Policy Developments
My article, “Forfeiture Money Judgments: Will the Supreme Court Clamp Down on These Unconstitutional Judicial Punishments?,” appears in the June 2021 issue of The Champion, the monthly publication of the National Association of Criminal Defense Lawyers.
I co-wrote a piece for the ABA Litigation Section’s quarterly journal, “Overbroad Searches and Seizures,” with Mark Mermelstein of Holmes Taylor Athey Cowan Mermelstein & Jones LLP, and Alison Epperson of Orrick LLP, 48 Litigation Vol. 1 (Oct. 2021). We analyze the government’s increasingly common practice of serving overbroad search warrants on tech giants like… Continue reading Overbroad Searches and Seizures
On April 27, at 11 am PDT, I will be participating on a panel with outstanding colleagues from NERA Economic Consulting, Dr. Garrett Glasgow and Dr. Daniel Werner, and from Foley & Lardner LLP, partner Jai Singh. In this one-hour CLE webinar, sponsored by NERA, we will discuss evolving liability theories in False Advertising and… Continue reading Damages Methodologies in Class Actions
I will participate with a stellar panel at the ABA 2019 Annual Meeting, Thursday August 8, at the Hotel Nikko in San Francisco. I will be discussing ways to collect foreign evidence for use in criminal proceedings, with Maureen Bessette of the U.S. Department of Justice, Markus Funk of Perkins Coie and Bruce Zagaris of… Continue reading The Collection and Use of Evidence From Abroad
I will be moderating a panel of lawyers at the National Association of Criminal Defense Lawyers 2019 West Coast White Collar Conference in Santa Monica on June 20, 2019. The program is “Defense Strategies When the Prosecutor Comes Knocking” featuring: Barry Boss of Cozen O’Connor, Priya Chaudhry of Harris, St. Laurent & Chaudhry LLP, Aaron… Continue reading Defense Strategies When the Prosecutor Comes Knocking
On May 17, 2019, I will be presenting at the Tort Law Workshop of the California Department of Transportation’s Legal Division, in Ventura, CA, on strategic considerations and recent legal developments under the cost-shifting provisions of Section 998 of the California Code of Civil Procedure.
I will be speaking with Talking Feds Podcast host Harry Litman, Melinda Haag, and Candace Kelly. https://www.talkingfeds.com/talkingfeds/2019/3/31/the-mueller-we-know Says Talking Feds podcast, “This episode brings together prominent former federal officials who each worked closely and at length under Mueller when he was United States Attorney and Federal Bureau of Investigation Director. Their vantage points, generally absent… Continue reading The Mueller We Know
On March 29, 2018, I am delighted to be appearing again with Marin County Superior Court Judge Stephen Freccero and Baker Botts LLP antitrust litigator Stuart Plunkett to discuss tactics and strategies for examining expert witnesses in depositions and at trial. The panel program, sponsored by Continuing Education of the Bar, will take place at… Continue reading Tips for Examining Experts